42 U.S. Code § 5106g - Definitions

(1)the term “Alaska Native” has the meaning given the term “Native” in section
1602 of title
43;

(2)the term “infant or toddler with a disability” has the meaning given the term in section
1432 of title
20;

(3)the term “Native Hawaiian” has the meaning given the term in section
7517 of title
20;

(4)the term “sexual abuse” includes—

(A)the employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or assist any other person to engage in, any sexually explicit conduct or simulation of such conduct for the purpose of producing a visual depiction of such conduct; or

(B)the rape, and in cases of caretaker or inter-familial relationships, statutory rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children; and

(5)the term “withholding of medically indicated treatment” means the failure to respond to the infant’s life-threatening conditions by providing treatment (including appropriate nutrition, hydration, and medication) which, in the treating physician’s or physicians’ reasonable medical judgment, will be most likely to be effective in ameliorating or correcting all such conditions, except that the term does not include the failure to provide treatment (other than appropriate nutrition, hydration, or medication) to an infant when, in the treating physician’s or physicians’ reasonable medical judgment—

(A)the infant is chronically and irreversibly comatose;

(B)the provision of such treatment would—

(i)merely prolong dying;

(ii)not be effective in ameliorating or correcting all of the infant’s life-threatening conditions; or

(iii)otherwise be futile in terms of the survival of the infant; or

(C)the provision of such treatment would be virtually futile in terms of the survival of the infant and the treatment itself under such circumstances would be inhumane; [1]

“(1) the term ‘child’ means a person who has not attained the lesser of—

“(A) the age of 18; or

“(B) except in the case of sexual abuse, the age specified by the child protection law of the State in which the child resides;

“(2) the term ‘child abuse and neglect’ means, at a minimum, any recent act or failure to act on the part of a parent or caretaker, which results in death, serious physical or emotional harm, sexual abuse or exploitation, or an act or failure to act which presents an imminent risk of serious harm;”.

Par. (3). Pub. L. 111–320, § 142(b)(1)–(3), redesignated par. (10) as (3), struck out “and” at end, and struck out former par. (3) which read as follows: “the term ‘Secretary’ means the Secretary of Health and Human Services;”.

Par. (5). Pub. L. 111–320, § 142(b)(1), (5), redesignated par. (6) as (5) and struck out former par. (5) which read as follows: “except as provided in section
5106a(f) of this title, the term ‘State’ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands,;”.

Pub. L. 111–320, § 119(1), inserted “except as provided in section
5106a(f) of this title,” after “(5)”, inserted “and” after “Samoa,”, and struck out “and the Trust Territory of the Pacific Islands” after “Northern Mariana Islands,”.

1996—Par. (1). Pub. L. 104–235, § 110(1), (2)(A), redesignated par. (3) as (1) and struck out former par. (1) which read as follows: “the term ‘board’ means the Advisory Board on Child Abuse and Neglect established under section
5102 of this title;”.

Par. (2). Pub. L. 104–235, § 110(2)(A), (3), redesignated par. (4) as (2) and amended it generally. Prior to amendment, par. (2) read as follows: “the term ‘child abuse and neglect’ means the physical or mental injury, sexual abuse or exploitation, negligent treatment, or maltreatment of a child by a person who is responsible for the child’s welfare, under circumstances which indicate that the child’s health or welfare is harmed or threatened thereby, as determined in accordance with regulations prescribed by the Secretary;”.

Pub. L. 104–235, § 110(1) struck out par. (2) which read as follows: “the term ‘Center’ means the National Center on Child Abuse and Neglect established under section
5101 of this title;”.

1989—Pub. L. 101–126, § 3(b)(7)(A), made technical amendment to reference to this subchapter to reflect the insertion of title designations in the original act.

Pars. (1), (2), (9). Pub. L. 101–126, § 3(b)(7)(B)–(D), made technical amendments to references to sections
5101,
5102, and
5103 of this title to reflect renumbering of corresponding sections of original act.